Loading...
HomeMy WebLinkAbout2000-138E--] i [(1RAlSI [xrn:+l l.f..51,5Yl�C"nTma �� + � .J corporate. 'tor use tvoh ielter of crl.da CONTRACT FOR INSTALLATION AND WARRANTY OF LIVE OAKS NO. SD -99 -07 -10 -LO (99030155-002) THIS CONTRACT, made and entered into this r70 day of 1wj ff.Y , 2000 by and between BEAZER HOMES CORP., a Tennessee corporation, hereinafter referred to as "Developer," and INDIAN RIVER COUNTY, a political subdivision of the State of Florida, by and through its Board of County Commissioners, hereinafter referred to as "County". WITNESSETH: WHEREAS,, Developer is commencing proceedings to effect a subdivision of land within Indian River County, Florida; and WHEREAS, during the land development process mature live oaks were destroyed which Developer and County wish to have replaced in the Jungle Trail buffer area; WHEREAS, a final plat of the subdivision within the unincorporated area of Indian River County shall not be recorded until the Developer has installed the live oaks or has guaranteed to the satisfaction of the County that such improvements will be installed successfully; and WHEREAS, Developer requests the approval and recordation of a certain plat to be known as Island Club Riverside Phase IV; and WHEREAS, the live oaks are to be installed and warrantied after recordation of this plat under guarantees posted with the County. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL. COVENANTS AND PROMISES HEREIN CONTAINED, the parties agree as follows. 1. Developer agrees to install on or before May 2, 2001, in a good and workmanlike manner, those improvements described as follows: Five 24° minimum caliper live oaks within the Jungle Trail buffer westerly of Lots 59-64 of Island Club Riverside Phase IV. a C-1 AD in connection with the approval of said plat. A copy of the plat shall be recorded in the Public Records of Indian River County, Florida upon the final approval of the Board of County Commissioners and made a part hereof for all purposes. 2. Developer agrees to install the live oaks strictly in accordance with the 'iandscape plans, the most recent set of plans and specifications for this subdivision approved by the County and on file in the Planning and Development Division, and all County development regulations and standards, all of which are hereby incorporated by reference and made a part hereof. 3. In order to guarantee performance of this contract, Developer shall simultaneously herewith furnish an irrevocable letter U credit, having an expiration date of not less than sixty (60) months beyond the date set forth in Paragraph 1, provided by a banking institution authorized to transact such business in this state,in a form to be approved by the County, naming Developer as customer and SunTrust Hank , as the underwriting hank, in the amount of g. 250© which amount is not less than one hundred fifteen percent (115%) of the estimated total cost of landscaping to be installed in accordance with the County's Subdivision and Flatting Ordinance. It is understood that the full amount of the letter of credit shall remain available to the County and shall not be reduced during the course of installation or the warranty period without an express written modification thereof executed by all parties. Developer may at any time substitute cash guarantees, subject to the approval as to amount by the County. 4. Up to $1,000,000.00, or the limits of any applicable underlying or excess insurance coverage carried by Developer or to be obtained during the course of the installation of the subdivision improvements, Developer agrees to indemnify, hold harmless, and defend the County against any and all claims, damages, losses, and expenses, including attorney's fees, for property damage, personal or bodily injury, or loss of life, arising from the negligent acts or omissions of the Developer, its officers, employees, agents, or contractors, suocontractors, laborers, or suppliers, relating to the installation of the live oaks. 5. The County agrees to approve the plat for recordation in the Public Records of Indian River County, Florida upon a finding as to compliance with ail applicable provisions of the County's Subdivision and flatting Ordinance and upon execution hereof. 6. In the event the Developer shall fail or neglect to fulfill its obligations under this contract and as required by the Indian River County Code, the Developer, as principal, and the letter(s) of credit shall be jointly and severally liable to pay for the cost of installment of the live oaks to the final total cost, including but not limited to arborists, construction, legal and contingent costs, including reasonable attorney's fees incurred by the County, together with any damages, either direct or consequential, which the County may sustain as a result of the failure of Developer to C-3 I► 064 4b carry out and execute all provisions of this contract and applicable ordinances of the County. In no event, however shall the liability of the underwriting bank under this paragraph exceed the total amount of the original obligation stated in the letter(s) of credit, less any approved reductions thereto. 7. The parties agree that the County at its option shall have the right, but not the obligation, to install or, pursuant to receipt of competitive bids, cause to be installed the live oaks in the event Developer shall fail or refuse to do so in accordance with the terms of this contract. Developer expressly agrees that the County may demand and draw upon the existing letters) of credit for the final total cost of the transplanting and installation. Developer shall remain wholly liable for any resulting deficiency, should the letter(s) of credit be exhausted prior to completion of the required improvements. In no event shall the County be obligated to expend public funds, or any funds other than those provided by the Developer, or the underwriting bank to install and monitor the live oaks. 8. Any letter(s) of credit provided to the County by Developer with respect to this contract shall exist solely for the use and benefit of the County and shall not be construed or intended in any way, expressly or impliedly, to benefit or secure payment to any subcontractor, laborer, materialman or other party providing labor, material, supplies, or services for installation of the live oaks, or to benefit any lot purchaser(s), unless the County shall agree otherwise in writing. 9. Developer shall root -prune the live oaks 3-4 months prior to transplanting; transplant; maintain and irrigate; and monitor the viability of the 5 livr oaks for 60 months after May 2, 2001. Monitoring shall include several photographs of each tree from four compass points following transplantation. Comparison photographs should be prepared annually at the same month of the year following spring leaf flush. An annual arborist's report due July 2nd annually shall document establishment or decline of each live oak. 10. The Oeveloper shall not be liable for repair, treatment or replacement of the subject trees in the event said trees are damaged or destroyed due to acts of third parties beyond the control of Developer; severe weather such as hurricanes, lightning, flooding; wood destroying organisms, forces of nature and other acts of God. 11. This agreement is the full and complete understanding of the parties and shall not be construed or amplified by reference to any other agreement, discussion, or understanding, whether written or oral, except as specifically mentioned herein. This agreement shall not be assigned without the express written approval of the County. Any amendment, deletion, modification, extension, or revision hereof or hereto shall be in writing, executed by authorized representatives of both parties. IN WITNESS WHEREOF, the parties hereto have set their 'hands and seals on the day and year first above written. BEAZER HOMES CORP. a corporation of the State of Tennessee DEVELOPER WITNESSES: sign: (4�' .x •. By: Y�� print name.(signature of President, Vice President or Chief Executive Officer) sign: print name:,. ATTEST: Jeffrey K. Barton, Clerk Deputy Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: William G. Collins II Deputy County Attorney (typed name and title) (affix corporate seal) INDIAN RIVER COUNTY, FLORIDA Fran B. Adams, Chairman Board of County Commissioners BCC approved: v I � � � . ( � } R & q § 4 q q / \ 2 / m Q gmCF _ _ _ _ CD k \ to k �$ $> ani )72 §[CL f0 @ CL .0/�0 ®/\2 $ §\{ ( \ 2 \ \ 2 d \ § � \ ! E G o z \ e �. to »$ g ® s \ \ / \ m \§» 0 § § § o u S § m Q> B W° r 2 > ƒ / ) k § ) CL k 3